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Defendants are not guilty. The summary of this judgment is publicly announced.
Reasons
1. Summary of the facts charged in this case
A. All of the Defendants are operators of each lending company, who are engaged in the business of lending money to companies listed on KOSDAQ and acquiring profits from the interest. M&A is a person who is an expert in corporate mergers and acquisitions and capital increase with capital increase, and is engaged in public relations and stock price management of KOSDAQ-listed companies together with Defendant A, who is a fund owner.
Defendant
A introduced M&A’s representative director, director, and director of the N Co., Ltd. (hereinafter “N”) to provide N’s public offering with capital increase. On May 19, 2009, N decided to issue 595 won per share and 30 million won per share (a total of 17.85 billion won per share). On May 29, 2009, M and P entered into a joint management agreement to jointly manage N and jointly sell the company’s stocks and management rights and distribute profits to 50:50 after completion of the general public offering with capital increase. During that agreement, the Defendants leased KRW 2 billion on condition that M and P receive payment after completion of the offering with capital increase.
N has received a demand from the Financial Supervisory Service to submit a corrective registration statement and to supplement data on three occasions with respect to capital increase with respect to public offering, and then received on July 27, 2009 the issuance price of KRW 1,145 per share, the number of stocks to be issued (total amount of KRW 34.35 billion), KRW 30 million per share, the number of stocks to be issued (total amount of KRW 34.35 billion), from July 30, 2009 to July 31, 2009, the date of subscription, from July 30, 2009 to July 31, 2009;
(2) The Defendants and M participate in the offer on July 27, 2009 when the subscription falls short of the above 30 million shares, and planned M to lend funds necessary for the collection of N Shares to M for the purpose of inducing subscription and providing support for the share price, and M to N shares on July 29, 2009.